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HEIRS OF BURAT v. BOARD OF LEVEE COM'RS OF ORLEANS, ETC.

No. 73-2380.

496 F.2d 1336 (1974)

HEIRS of Hubert BURAT (Buras), et al., Plaintiffs-Appellants, Janet Easterling and Jack Buras, Movants-Appellants, v. BOARD OF LEVEE COMMISSIONERS OF the ORLEANS LEVEE DISTRICT OF the STATE OF LOUISIANA et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 12, 1974.

Attorney(s) appearing for the Case

John H. Brooks, New Orleans, La., Peter C. LaDart, Harvey, La., for Heirs of Burat.

Charles R. Maloney, Forrest L. Bethay, Sr., New Orleans, La., for movants.

James E. Wright, Jr., New Orleans, La., for Grove.

Eugene G. Taggart, New Orleans, La., for La. Power & Light.

W. S. Shirley, Jr., Lawrence K. Benson, New Orleans, La., for Standard Oil.

Booth Kellough, New Orleans, La., William G. Duck, John E. Bailey, Houston, Tex., for Gulf Refining.

David A. Kerstein, New Orleans, La., for Estate of W. G. Helis.

John T. McMahon, Alvin B. Gibson, New Orleans, La., for Shell Oil.

Richard J. McGinity, Jr., New Orleans, La., for Bd. of Levee Comm.

Peter E. Duffy, Metairie, La., for Wildlife & Fisheries.

Before RIVES, GEWIN and RONEY, Circuit Judges.

RONEY, Circuit Judge:

The heirs of Hubert Burat, a Louisiana pioneer who died in 1847, bring this action as class plaintiffs, approximately 550 in number, for declaratory judgment, money damages and injunctive relief. They seek to establish title to four sections of land, over 700 acres, in Plaquemines Parish, Louisiana, settled by their ancestor prior to 1795, land once colorfully described as "Batture du Diable," the land of the devil. The complaint seeks money...

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